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Caruso V. Jet Set Sports

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Caruso V. Jet Set Sports Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 1 of 27 PageID: 1 Jacob M. Polakoff, Bar No. 035832006 [email protected] BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Tel. 215.875.3000 Fax 215.875.4604 Attorneys for Plaintiff THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY SUZANNE CARUSO, on behalf : of herself and all others similarly : Case No.:3:21-cv-9665 situated, : : Plaintiff, : CLASS ACTION COMPLAINT : v. : : DEMAND FOR JURY TRIAL Jet Set Sports, LLC d/b/a : CoSport, : : Defendant CLASS ACTION COMPLAINT Plaintiff Suzanne Caruso, by and through the undersigned counsel, on behalf of herself and a class of all others similarly situated, brings this action against Defendant Jet Set Sports, LLC d/b/a/ CoSport (“Defendant” or “CoSport”), for breach of contract, violation of the New Jersey Consumer Fraud Act (“CFA”) and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, (“TCCWNA”). 1 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 2 of 27 PageID: 2 NATURE OF THE ACTION 1. Plaintiff brings this class action lawsuit on behalf of all people who purchased tickets and accommodations for the Summer Olympics through CoSport, which is the sole entity authorized to sell tickets to the American public. Because of the Novel Coronavirus pandemic, the Summer Olympics in Tokyo were postponed from the summer of 2020 to the summer of 2021. However, the Japanese Olympic Committee recently announced that no international spectators will be allowed to attend. As a result, the Olympic tickets and accommodations purchased by Plaintiff and the putative class through CoSport are worthless. They are of no value whatsoever. 2. Regardless, Defendant CoSport refuses to grant Plaintiff and the class a full refund under its Terms and Conditions. Instead, CoSport only offers a partial refund (75%) IF the customer elects her refund by the eight (8) day deadline and the customer agrees to hold CoSport harmless for retaining the remainder of their refund (25%). This conduct not only constitutes a breach of contract, but it is also unfair and deceptive in violation of the New Jersey CFA and TCCWNA. PARTIES 3. Plaintiff Suzanne Caruso is a Texas citizen residing at 6438 Lupton Dr., Dallas, Texas 75225. 2 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 3 of 27 PageID: 3 4. Defendant Jet Set Sport, LLC d/b/a CoSport is a New Jersey corporate citizen with its corporate headquarters located at 196 Route 202 North, Far Hills, NJ 07931. JURISDICTION AND VENUE 5. The Court has personal jurisdiction over CoSport because it is a corporation registered under the laws of the State of New Jersey and maintains its headquarters and principal place of business at 196 Route 202 North, Far Hills, NJ 07931. 6. This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act, since certain members of the class are citizens of States different from States in which Defendant is a citizen and because the amount in controversy exceeds $5,000,000, exclusive of interest and costs. See 28 U.S.C. § 1332(d). 7. Venue is proper in this judicial District because a substantial part of the events and omissions giving rise to the claims herein occurred in this judicial District as CoSport is headquartered here and because Defendant is subject to personal jurisdiction in this judicial District. 28 U.S.C. § 1391. 8. The CoSport “Terms and Conditions of Sale Tokyo 2020 Olympic Games” Agreement includes the following Choice of Law Provision requiring venue in this Court: Choice of Law: The validity, construction, enforcement and interpretation of these Terms and Conditions, and any 3 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 4 of 27 PageID: 4 and all claims arising out of or relating to the subject matter of these Terms and Conditions (including all tort claims), shall be governed by the laws of the State of New Jersey, USA, without regard to the conflict of law’s provisions thereof. Customer hereby agrees that any suit or legal proceeding instituted in connection with the subject matter of these Terms and Conditions shall be brought (and thereafter maintained) exclusively in the state courts of or federal courts located in New Jersey, United States. FACTUAL ALLEGATIONS 9. CoSport is the exclusive resource for Americans to purchase tickets to Olympic events. According to its website: CoSport is the world’s leading provider of Olympic Games tickets and hospitality packages, having supported hundreds of thousands of fans at the past 10 Olympic and Olympic Winter Games. For the next Olympic Games in Tokyo, we are proud to serve as an Official Sponsor/Partner of the National Olympic Committee as well as the exclusive Authorized Ticket Reseller in the following 8 territories: Australia, Bulgaria, Croatia, Hellenic, Jordan, Norway, Sweden, and the United States. (www.cosport.com/AboutUs). 10. The International Olympic Committee and the United States Olympic Committee refers all Americans to CoSport for tickets and accommodations. 11. Plaintiff is an avid supporter of the US Olympic Team, having attended several Olympics in the past. 12. On December 2, 2019, Plaintiff purchased the “Tokyo 2020 Olympic Games SS Package” from CoSport for $16,375.00. 4 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 5 of 27 PageID: 5 13. This package included charges of: (2) Diving Tickets at $121.29 each plus a $24.26 handling fee totaling $291.10, (2) Water Polo Tickets at $97.03 each, plus a $19.41 handling fee per ticket totaling $232.88, (4) Volleyball - Beach Tickets at $75.68 each, plus a $15.14 handling fee per ticket totaling $363.28, (2) Athletics Tickets at $523.97 each, plus a $58.22 handling fee per ticket totaling $1,164.38. Additional Services including 5 nights at the Keio Plaza Hotel, daily breakfast, pre- games and onsite management totaled $14,323.36, bringing the grand total to $16,375.00. A. Japanese Prime Minister Shinzo Abe and IOC President Thomas Bach Hold a Press Conference to Announce the Postponement of the 2020 Summer Olympics 14. Originally slated for a July 24, 2020 start date, the decision was made on March 24, 2020 to re-schedule the 2020 Summer Olympics to begin on July 23, 2021 due to the Covid-19 pandemic: In the present circumstances and based on the information provided by the WHO today, the IOC President and the Prime Minister of Japan have concluded that the Games of the XXXII Olympiad in Tokyo must be rescheduled to a date beyond 2020 but not later than summer 2021, to safeguard the health of the athletes, everybody involved in the Olympic Games and the international community. 15. Organizers then decided to use a number of safety measures in order to facilitate the safest environment for both athletes and spectators. Many of these precautionary measures were well known, such as mandatory vaccinations, 5 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 6 of 27 PageID: 6 limitations on the number of spectators and rules governing how competitors would move around and interact with the public. However, Organizers never stated that international spectators would be prohibited from attending. 16. CoSport provided updates to its customers. Tokyo 2020 Games – January 22, 2021 IOC Statement on the report in the newspaper “The Times” regarding Tokyo 2020 Dear CoSport Customers, We refer you to the strong and clear statement that the Japanese Government made today, saying that the report is “categorically untrue”. Please find the statement here. “Some news reports circulating today are claiming that the Government of Japan has privately concluded that the Tokyo Olympics will have to be cancelled because of the coronavirus. This is categorically untrue.” (https://cosport.com/files/2020tokyo/2021-01- 22%20IOC%20Statement-fre-eng.pdf). CoSport Website Sales Reopens - February 8, 2021 Dear CoSport Customers, We have completed our inventory maintenance on Hotel & Tickets Packages (HTPs), Tickets & Hospitality Pass Packages (THPPs) while making new inventory available for Individual Ticket sales. CoSport will reopen sales at NOON (EST) on Monday February 8, 2021. Thank you for your patience. The CoSport Team CoSport Website Spectator Update March 12, 2021 6 Case 3:21-cv-09665 Document 1 Filed 04/16/21 Page 7 of 27 PageID: 7 Dear CoSport Customers, Although the Olympic Movement is developing health and safety protocols designed to keep spectators safe, CoSport has become aware the Japanese Government is considering barring the attendance of international spectators at the 2020 Olympic and Paralympic Games. No final decision has been made. If the Japanese Government were to restrict attendance, CoSport and the United States Olympic and Paralympic Committee (USOPC), would work with the Tokyo 2020 organizers to provide refunds for tickets – similar to what happened last Summer when refunds were offered at the time of the postponement. As an intermediary, CoSport passes customer payments for tickets to Tokyo 2020; therefore, the organizers would have to return those funds to CoSport so we could redistribute it to customers. A similar process would be involved for ticket and hotel packages, as CoSport also would work with hotels to refund moneys provided to reserve rooms. For these reasons, CoSport would be unable to provide an immediate refund, and attempts to obtain a refund directly from CoSport before these entities could provide the refunds to CoSport would be unsuccessful. Although CoSport currently does not have more information, please feel free to reach out to customer service if you have questions. The CoSport Team B.
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